Directive 2002/73 - Amendment of Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. 32002L0073
  6. Original proposal
  7. Sources and disclaimer
  8. Full version
  9. EU Monitor

1.

Current status

This directive was in effect from October  5, 2002 until August 15, 2009.

2.

Key information

official title

Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions
 
Legal instrument Directive
Number legal act Directive 2002/73
Original proposal COM(2000)334 EN
CELEX number89 32002L0073

3.

Key dates

Document 23-09-2002
Publication in Official Journal 05-10-2002; Special edition in Slovak: Chapter 05 Volume 004,OJ L 269, 5.10.2002,Special edition in Polish: Chapter 05 Volume 004,Special edition in Romanian: Chapter 05 Volume 006,Special edition in Bulgarian: Chapter 05 Volume 006,Special edition in Maltese: Chapter 05 Volume 004,Special edition in Latvian: Chapter 05 Volume 004,Special edition in Czech: Chapter 05 Volume 004,Special edition in Hungarian: Chapter 05 Volume 004,Special edition in Slovenian: Chapter 05 Volume 004,Special edition in Estonian: Chapter 05 Volume 004,Special edition in Lithuanian: Chapter 05 Volume 004
Effect 05-10-2002; Entry into force Date pub. See Art 3
Deadline 05-10-2005; At the latest See Art 2.1
End of validity 15-08-2009; Repealed by 32006L0054

4.

Legislative text

Avis juridique important

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5.

32002L0073

Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (Text with EEA relevance)

Official Journal L 269 , 05/10/2002 P. 0015 - 0020

Directive 2002/73/EC of the European Parliament and of the Council

of 23 September 2002

amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and, in particular, Article 141(3) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the Opinion of the Economic and Social Committee(2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 19 April 2002,

Whereas:

  • (1) 
    In accordance with Article 6 of the Treaty on European Union, the European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States, and shall respect fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, as general principles of Community law.
  • (2) 
    The right to equality before the law and protection against discrimination for all persons constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of all forms of Discrimination Against Women, the International Convention on the Elimination of all Forms of Racial Discrimination and the United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and by the Convention for the Protection of Human Rights and Fundamental Freedoms, to which all Member States are signatories.
  • (3) 
    This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.
  • (4) 
    Equality between women and men is a fundamental principle, under Article 2 and Article 3(2) of the EC Treaty and the case-law of the Court of Justice. These Treaty provisions proclaim equality between women and men as a "task" and an "aim" of the Community and impose a positive obligation to "promote" it in all its activities.
  • (5) 
    Article 141 of the Treaty, and in particular paragraph 3, addresses specifically equal opportunities and equal treatment of men and women in matters of employment and occupation.
  • (6) 
    Council Directive 76/207/EEC(4) does not define the concepts of direct or indirect discrimination. On the basis of Article 13 of the Treaty, the Council has adopted Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin(5) and Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation(6) which define direct and indirect discrimination. Thus it is appropriate to insert definitions consistent with these Directives in respect of sex.
  • (7) 
    This Directive does not prejudice freedom of association, including the right to establish unions with others and to join unions to defend one's interests. Measures within the meaning of Article 141(4) of the Treaty may include membership or the continuation of the activity of...

More

This text has been adopted from EUR-Lex.

6.

Original proposal

 

7.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

8.

Full version

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9.

EU Monitor

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  • 1. 
    Council Directive 76/207/EEC of 9.2.1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. OJ L 39, 14.2.1976, p. 40.

     
  • 2. 
    Judgment of 15 June 1978 in Case 149/77 Defrenne III,
     
  • 3. 
    COM(1999) 565 final and COM(1999) 566 final of 25.11.1999.

     
  • 4. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 5. 
    COM(1999) 565 final and COM(1999) 566 final of 25.11.1999.

     
  • 6. 
    OJ C 179, 22. 6.1996, p. 8.

     
  • 7. 
    Rubinstein, Michael (1987), The dignity of women at work. A report of the problem of sexual harassment in the Member States of the European Community.

     
  • 8. 
    Sexual harassment at the workplace in the European Union, 1999.

     
  • 9. 
    Title VII of the USA Civil Rights Act of 1964, 42 U.S.C. 2000e-2(a)(1) in the USA; Charter of Human Rights and Freedoms, s. 10.1 of the Canadian Charter of Rights; Sex discrimination Act 1984 - Section 27 of the Australian Sex Discrimination Act.

     
  • 10. 
    The Community judges will also have to consider the facts, see judgment of 26 January 1995, D.
     
  • 11. 
    Judgment of 15 May 1986 in Case C-222/84 Johnston; judgment of 26 October 1999, Sirdar,
     
  • 12. 
    Judgment of 15 June 1978 in Case 149/77 Defrenne III,
     
  • 13. 
    See also judgment of 30 June 1988 in Case 318/86 Commission v France
     
  • 14. 
    Judgment of 8 November 1983 in Case 165/82 Commission v United Kingdom,
     
  • 15. 
    Judgment of 30 June 1988 in Case 318/86.

     
  • 16. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 17. 
    Judgment of 25 October 1988 in Case 312/86
     
  • 18. 
    Judgment of 11 November 1997 in Case 409/95
     
  • 19. 
    Judgment of 28 February 2000 in Case 158/97.

     
  • 20. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 21. 
    This provision has been the subject of a Declaration annexed to the Final Act, which states that Member States, should, in the first instance, aim at improving the situation of women in working life.

     
  • 22. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 23. 
    COM(1999) 565 final and COM(1999) 566 final of 25.11.1999.

     
  • 24. 
    Commission of the European Communities 1993, 'How to Combat Sexual Harassment at Work, A guide to the European Commission Code of Practice'.

     
  • 25. 
    COM(1999) 565 final and COM(1999) 566 final of 25.11.1999.

     
  • 26. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 27. 
    COM(1999) 565 final and COM(1999) 566 final of 25.11.1999.

     
  • 28. 
    OJ C

     
  • 29. 
    OJ C

     
  • 30. 
    OJ C

     
  • 31. 
    Judgment of 15 June 1978 in Case 149/77 Defrenne III,
     
  • 32. 
    OJ C 157, 27.6.1990, p. 3.

     
  • 33. 
    OJ L 39, 14.2.1976, p. 40.

     
  • 34. 
    OJ L 14, 20.1.1998, p. 6.

     
  • 35. 
    OJ L 205, 22.7.1998, p. 66.

     
  • 36. 
    OJ L 348, 28.11.1992, p. 1.

     
  • 37. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 38. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 39. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 40. 
    Case C-185/97 Coote
     
  • 41. 
    Case C-180/95 Draehmpaeh
     
  • 42. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 43. 
    Judgment of 15 June 1978 in Case 149/77 Defrenne III,
     
  • 44. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 45. 
    Council Directive 76/207/EEC of 9.2.1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. OJ L 39, 14.2.1976, p. 40.

     
  • 46. 
    Judgment of 15 June 1978 in Case 149/77 Defrenne III,
     
  • 47. 
    COM(1999) 565 final and COM(1999) 566 final of 25.11.1999.

     
  • 48. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 49. 
    COM(1999) 565 final and COM(1999) 566 final of 25.11.1999.

     
  • 50. 
    OJ C 179, 22. 6.1996, p. 8.

     
  • 51. 
    Rubinstein, Michael (1987), The dignity of women at work. A report of the problem of sexual harassment in the Member States of the European Community.

     
  • 52. 
    Sexual harassment at the workplace in the European Union, 1999.

     
  • 53. 
    Title VII of the USA Civil Rights Act of 1964, 42 U.S.C. 2000e-2(a)(1) in the USA; Charter of Human Rights and Freedoms, s. 10.1 of the Canadian Charter of Rights; Sex discrimination Act 1984 - Section 27 of the Australian Sex Discrimination Act.

     
  • 54. 
    The Community judges will also have to consider the facts, see judgment of 26 January 1995, D.
     
  • 55. 
    Judgment of 15 May 1986 in Case C-222/84 Johnston; judgment of 26 October 1999, Sirdar,
     
  • 56. 
    Judgment of 15 June 1978 in Case 149/77 Defrenne III,
     
  • 57. 
    See also judgment of 30 June 1988 in Case 318/86 Commission v France
     
  • 58. 
    Judgment of 8 November 1983 in Case 165/82 Commission v United Kingdom,
     
  • 59. 
    Judgment of 30 June 1988 in Case 318/86.

     
  • 60. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 61. 
    Judgment of 25 October 1988 in Case 312/86
     
  • 62. 
    Judgment of 11 November 1997 in Case 409/95
     
  • 63. 
    Judgment of 28 February 2000 in Case 158/97.

     
  • 64. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 65. 
    This provision has been the subject of a Declaration annexed to the Final Act, which states that Member States, should, in the first instance, aim at improving the situation of women in working life.

     
  • 66. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 67. 
    COM(1999) 565 final and COM(1999) 566 final of 25.11.1999.

     
  • 68. 
    Commission of the European Communities 1993, 'How to Combat Sexual Harassment at Work, A guide to the European Commission Code of Practice'.

     
  • 69. 
    COM(1999) 565 final and COM(1999) 566 final of 25.11.1999.

     
  • 70. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 71. 
    COM(1999) 565 final and COM(1999) 566 final of 25.11.1999.

     
  • 72. 
    OJ C

     
  • 73. 
    OJ C

     
  • 74. 
    OJ C

     
  • 75. 
    Judgment of 15 June 1978 in Case 149/77 Defrenne III,
     
  • 76. 
    OJ C 157, 27.6.1990, p. 3.

     
  • 77. 
    OJ L 39, 14.2.1976, p. 40.

     
  • 78. 
    OJ L 14, 20.1.1998, p. 6.

     
  • 79. 
    OJ L 205, 22.7.1998, p. 66.

     
  • 80. 
    OJ L 348, 28.11.1992, p. 1.

     
  • 81. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 82. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 83. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 84. 
    Case C-185/97 Coote
     
  • 85. 
    Case C-180/95 Draehmpaeh
     
  • 86. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 87. 
    Judgment of 15 June 1978 in Case 149/77 Defrenne III,
     
  • 88. 
    See Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination, OJ C 369, 21.12.1999, p. 3.

     
  • 89. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 90. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.